Vishwamitra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12870 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- SARMERA District- Nalanda ====================================================== VISHWAMITRA RAM Son of Suresh Ram, Village Pendi, P.S.-Sarmera, District-Nalanda.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rana Baljit Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sarmera P.S. Case No. 102 of 2018 for the offences punishable under Sections 302, 307, 34 of the Indian Penal Code and Section 27 of Arms Act.

The allegation is regarding the accused persons, namely, Pramod Ram, Indar Ram and Suresh Ram having entered in the house of the informant, whereafter they are said to have caught the husband of the informant and dragged him outside the house. Subsequently, the co-accused person, namely, Pramod Ram is said to have fired on the husband of the informant by country made pistol, which hit the left rib of the husband of the informant, resulting in his death.

Patna High Court CR. MISC. No.12870 of 2019(2) dt.05-03-2019 2/2 The learned counsel for the petitioner submits that the petitioner is not the assailant of the husband of the informant since the firearm injury has not been attributed to the petitioner herein. It is further submitted that, in fact, no specific overt act has been attributed to the petitioner and he is having a clean antecedent. The petitioner is stated to be languishing in custody since 08.09.2018.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 102 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T